Probate administration and Trusts

One of the hardest parts of life is losing a loved one. A trying experience can be trying to settle their estate. Professional help for the settlement process is not only necessary but can also provide tremendous relief. I can help you with this burden at my law office in Kailua-Kona on the Big Island of Hawaii.

Probate

The beneficiaries of the assets will be determined by the Will, trust or Hawaii state law if no Will or trust were signed. To ensure the trust administration and distribution is being handled correctly, an experienced attorney should be consulted. The cost of the administration of a trust is usually much less than a probate action.

Trusts

A trust will help an individual control the distribution of their property while they are living or after they have passed away. There are many purposes for the creation of a trust and many options for types of trusts. You may create a trust for a surviving spouse, surviving children or for charitable purposes. I can walk you through the complicated processes and laws of trusts.

Estate administration

Estate administration refers to the gathering of a decedent's assets, paying their outstanding bills, making sure all tax returns have been filed, and distributing the assets to the decedent's heirs. The Will trust, or Hawaii state law (if no Will or trust that has been signed), will need to be followed.

Professional help is recommended in most cases to make sure the correct procedures are followed and the right beneficiaries receive the assets they are entitled to.

The Court process of probate is often required when the decedent did not sign any distribution documents or if the decedent only had a Will. In most cases you will need an attorney to assist you filing the probate and to guide you through the process. The petition for probate administration must be filed in Hawaii Circuit Court and administrator (also referred to as a Personal Representative) must be appointed.

If there is a trust, Court administration is usually not needed and the administration of the estate is much easier. To ensure that the trust administration and distribution is handled correctly, an attorney should be consulted.